Amended in Assembly July 1, 2015

Amended in Assembly June 16, 2015

Amended in Senate June 1, 2015

Amended in Senate May 12, 2015

Amended in Senate May 5, 2015

Amended in Senate April 20, 2015

Amended in Senate April 6, 2015

Senate BillNo. 119


Introduced by Senator Hill

January 14, 2015


An actbegin delete to add Section 7110.7 to the Business and Professions Code,end delete to amend Sections 4216, 4216.1, 4216.2, 4216.3, 4216.4, 4216.5, 4216.6, 4216.7, 4216.8, and 4216.9 of, and to add Sections 4216.10, 4216.12, 4216.13, 4216.14, 4216.15, 4216.16, 4216.17, 4216.18, 4216.19, 4216.20, 4216.21, and 4216.22 to, the Government Code, and to amend Section 1702.5 of, and to add Sections 320.5 and 971 to, the Public Utilities Code, relating to excavations.

LEGISLATIVE COUNSEL’S DIGEST

SB 119, as amended, Hill. Protection of subsurface installations.

begin delete

Existing law vests the Contractors’ State License Board with all functions and duties relating to the administration of the Contractors’ State License Law. Existing law authorizes the issuance of licenses to applicants for contractors’ licenses by written examination under rules and regulations adopted by the board.

end delete
begin delete

This bill would require the board to adopt a program to enforce violations of provisions relating to excavation. The bill would authorize the board to require a contractor to undergo training, levy a fine, and suspend a contractor’s license for a violation.

end delete

Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires any person who plans to conduct any excavation to contact the appropriate regional notification center before commencing that excavation, as specified. Existing law defines a subsurface installation as any underground pipeline, conduit, duct, wire, or other structure. Existing law requires an operator of a subsurface installation, who receives notification of proposed excavation work, within 2 working days of that notification, excluding weekends and holidays, to mark the approximate location and number of subsurface installations that may be affected by the excavation or to advise that no subsurface installations operated by him or her would be affected. Existing law requires an operator of a subsurface installation that has failed to comply with these provisions to be liable to the excavator for damages, costs, and expenses.

This bill would declare the need to clarify and revise these provisions. The bill would define and redefine various terms relating to a regional notification center. The bill would expand the definition of a subsurface installation, to include an underground structure or submerged duct, pipeline, or structure, except as specified.

The bill would require an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. The bill would require an operator, before the legal start date and time of the excavation, to locate and field mark, within the area delineated for excavation, its subsurface installations. The bill would require an operator to maintain and preserve all plans and records for any subsurface installation owned by that operator as that information becomes known, as specified.

This bill would prohibit an excavator that damages a subsurface installation due to an inaccurate field mark, as defined, by an operator from being liable for damages, replacement costs, or other expenses arising from damage to the subsurface installation, provided that the excavator complied with the provisions described above. The bill would also authorize, in any action for reimbursement or indemnification for a claim arising from damage to a subsurface installation in which a court finds that the excavator complied with those provisions, the excavator to be awarded reasonable attorney’s fees and expenses.

The bill would delete the existing exemptions pertaining to an owner of real propertybegin insert and would instead exempt an owner of residential real propertyend insert who, as part of improving his or her principal residence, is performing, or is having performed, an excavation using hand tools that does not require a permit, as specified.

The bill would require the operator of a high-priority subsurface installation to make specified notifications to a landowner if agricultural activities cannot safely be performed due to the depth of the subsurface installations and to mark the location and depth of those installations, as specified.

The bill would alsobegin delete authorizeend deletebegin insert requireend insert the Public Utilities Commission and the Office of the State Fire Marshal to enforce the requirement to locate and field mark subsurface installations and lines against operators of natural gas and electric underground infrastructure and hazardous liquid pipelines, unless these operators are municipal utilities.

This bill would create the California Underground Facilities Safe Excavation Advisory Committee under, and assisted by the staff of, the Contractors’ State License Board, in the Department of Consumer Affairs. The bill would require the committee to coordinate education and outreach activities, develop standards, and investigate violations of the provisions described above, as specified.

The advisory committee would be composed of 9 members who would serve 2-yearbegin delete terms.end deletebegin insert terms, and one nonvoting ex officio member who may be invited by the appointed members of the committee.end insert The bill would authorize the advisory committee, commencing on January 1, 2017, to use compliance audits in furthering the purposes of these provisions. The bill would require the advisory committee to conduct an annual meeting on or before February 1, 2017, and each year thereafter, to report to the Governor and the Legislature on its activities and any recommendations.

The bill would create the Safe Energy Infrastructure and Excavation Fund in the State Treasury and would provide that moneys deposited into the fund are to be used to cover the administrative expenses of the advisory committee, upon appropriation by the Legislature. The bill would authorize the commission to use excess moneys in the fund for specified purposes relating to the safety of underground utilities, upon appropriation by the Legislature.

The Natural Gas Pipeline Safety Act of 2011, within the Public Utilities Act, designates the Public Utilities Commission as the state authority responsible for regulating and enforcing intrastate gas pipeline transportation and pipeline facilities pursuant to federal law, including the development, submission, and administration of a state pipeline safety program certification for natural gas. Existing federal law requires each operator of a buried gas pipeline to carry out a program to prevent damage to that pipeline from excavation activities, as specified.

The bill would require each gas corporation, as part of its damage preventionbegin delete programend deletebegin insert program,end insert to collect specified information to inform its outreach activities and to report this information to the Public Utilities Commission, as specified.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the requirements described above are within the act, a violation of these requirements would impose a state-mandated local program by creating a new crime.

Existing law requires the Public Utilities Commission to develop and implement a safety enforcement program that is applicable to gas corporations and electrical corporations and that includes procedures for monitoring, data tracking and analysis, and investigations, as well as issuance of citations by commission staff, under the direction of the executive director of the commission, for correction and punishment of safety violations. That law requires the commission to develop and implement an appeals process to govern issuance and appeal of citations, or resolution of corrective action orders. That law requires the commission to implement the safety enforcement program for gas safety by July 1, 2014, and for electrical safety by January 1, 2015.

This bill would require that moneys collected as a result of the issuance of citations to gas corporations and electrical corporations pursuant to the above-described law be deposited in the Safe Energy Infrastructure and Excavation Fund.

The bill would make other conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P5    1

SECTION 1.  

The Legislature finds and declaresbegin insert all ofend insert the
2following:

begin delete

3(a) Discussions that have taken place since Article 2
4(commencing with Section 4216) of Chapter 3.1 of Division 5 of
5Title 1 of the Government Code was added by Chapter 928 of the
6Statutes of 1989 have led to widespread agreement that many of
7the provisions of the article should be clarified.

end delete
begin insert

8(a) For the state’s “one-call” law to be effective, it needs greater
9clarity and effective enforcement, and it must foster communication
10between operators of subsurface installations and the various types
11of excavators in California.

end insert

12(b) Regional notification centers, or “one-call” centers, have
13developed means of electronic communication that improve the
14efficiency of the “one-call” process, and statutory barriers to using
15new methods of notification should be eliminated.

16(c) Electronic positive response is a means to communicate the
17status of responses to an excavator’s notice of excavation via the
18one-call center and provides the safety benefit that an excavator
19has an easy means to know whether or not all of the utilities within
20the excavation area have marked their undergroundbegin delete facilities.end delete
21begin insert installations.end insert

22(d) The delineation by an excavator of the area to be excavated
23in advance of the field location and marking by subsurface facility
24operators of theirbegin delete facilitiesend deletebegin insert installationsend insert aids the excavator in
25understanding wherebegin delete underground facilitiesend deletebegin insert subsurface installationsend insert
26 were marked, and thus improves safety. This practice was
27recommended by the National Transportation Safety Board in its
281997 study “Protecting Public Safety through Excavation Damage
29Prevention” and is a best practice of the Common Ground Alliance.

30(e) Continuing an excavation after an excavation “ticket” has
31expired does not promote safety, and excavators should renew
32their ticket with the one-call center before expiration. Continuing
33excavation when markings are no longer visible does not promote
34safety, and excavators should stop work until the subsurface
35installations are remarked.

begin delete

P6    1(f) The benefits of eliminating old field marks once an
2excavation project is complete are more than just aesthetic;
3eliminating old field marks helps prevent confusion for the next
4excavator to dig in that area.

end delete
begin delete

14 5(g)

end delete

6begin insert(f)end insert Increased communication between subsurface installation
7operators and excavators before breaking ground has safety
8benefits.

begin delete

17 9(h)

end delete

10begin insert(g)end insert Construction sites often have many parties conducting
11different, ongoing work, and so the inherent safety risks associated
12with that work can be increased by a failure of these parties to
13effectively communicate. Excavators, operators of subsurface
14begin delete facilities,end deletebegin insert installations,end insert and locators have a responsibility to
15communicate with other parties before entering these worksites,
16which may require advance schedule coordination, and also have
17a responsibility to observe the safety requirements set for those
18worksites.

begin delete

25 19(i)

end delete

20begin insert(h)end insert Abandoned subsurface installations can be mistaken for
21active subsurface installations that are marked, and thus present a
22safety risk to excavators and the public. Safety will be improved
23if subsurface facility operators identify these subsurface
24installations when their existence is known.

begin delete

30 25(j)

end delete

26begin insert(i)end insert The ability of an operator of subsurfacebegin delete facilitiesend deletebegin insert installationsend insert
27 to locate and mark affectedbegin delete facilitiesend deletebegin insert installationsend insert can be seriously
28impaired by a lack of high-quality records of thosebegin delete facilities,end delete
29begin insert installations,end insert and thus operators should keep records of their
30facilities for as long as they are in the ground, whether or not they
31are in use.

begin delete

35 32(k)

end delete

33begin insert(j)end insert Failure by an operator of subsurfacebegin delete facilitiesend deletebegin insert installationsend insert
34 to mark the begin deletefacilities end deletebegin insertinstallations end insertwithin the required
35two-working-day period is a serious breach of duty.

begin delete

38 36(l)

end delete

37begin insert(k)end insert Whilebegin delete a utilityend deletebegin insert anend insert operator has two working days after an
38excavator’s call to the one-call center to mark itsbegin delete underground
39facilities, end delete
begin insert subsurface installations,end insert failure of thatbegin delete utilityend deletebegin insert operatorend insert
40 to do so does not relieve the excavator of the safety responsibility
P7    1to wait until thebegin delete utilityend delete operator has marked before commencing
2excavation.

begin delete

3 3(m)

end delete

4begin insert(l)end insert Mismarks by an operator place excavators and the public at
5great safety risk, and so operators who mismark theirbegin delete facilitiesend delete
6begin insert installationsend insert are entitled to no award for any damages to those
7begin delete facilities.end deletebegin insert installations.end insert

begin delete

6 8(n)

end delete

9begin insert(m)end insertbegin deleteFacilities end deletebegin insertInstallations end insertthat are embedded in pavement
10require more extensive communicationbegin insert among operators, locators,
11and excavatorsend insert
to preventbegin delete themend deletebegin insert the installationsend insert from being
12damaged.

begin delete

8 13(o)

end delete

14begin insert(n)end insert Exemptions that allow a class of persons to excavate without
15calling 811begin delete shall be made not based on convenience, but ratherend delete
16begin insert are to beend insert permitted only if alternative procedures allow the
17excavation to take place without compromising safety.

begin delete

12 18(p)

end delete

19begin insert(o)end insert More communication is needed between the Department of
20Transportation and the regional notification centers, including the
21sharing ofbegin delete facility locationend deletebegin insert subsurface installationend insert information, so
22that excavators may be alerted of possible Department of
23Transportation subsurface installations in the area of planned
24excavationbegin delete and ofend deletebegin insert and, if the excavation is to take place in a
25Department of Transportation right-of-way,end insert
the need to seek a
26Department of Transportation encroachment permit.

begin delete

18 27(q)

end delete

28begin insert(p)end insert Agricultural activities of less than 16 inches are not
29excavations, and high-priority subsurface natural gas and hazardous
30liquid pipeline installations are identified in rural areas with
31above-ground markers pursuant to Section 192.707 of Part 192
32and Section 195.410 of Part 195 of Title 49 of the Code of Federal
33Regulations, respectively, so the management of safety around
34begin delete underground facilities end deletebegin insert subsurface installationsend insert in agricultural
35operations must be different.

begin delete

25 36(r)

end delete

37begin insert(q)end insert Prevention of boring through sewer laterals with natural gas
38and other subsurface installation services may be achieved through
39reasonable care in the use of trenchless excavating technologies.
P8    1Indication of the location of sewer laterals can aid in prevention
2of these cross-bores.

begin delete

30 3(s)

end delete

4begin insert(r)end insert The exemption that permits private property owners to dig
5on their property without calling a regional notification center to
6have the area marked forbegin delete underground facilitiesend deletebegin insert subsurface
7installationsend insert
does not have a basis in safety.

begin delete

34 8(t)

end delete

9begin insert(s)end insert The exemption that permits homeowners to conduct
10excavation on their property with heavy machinery or when there
11is a utility easement on his or her property does not have a basis
12 in safety.

begin delete

38 13(u)

end delete

14begin insert(t)end insert Behaviors that are suspected to be unsafe, but upon which
15there is not widespread agreement as to the level of risk and,
16therefore, are unregulated, must be monitored to better assess the
17risk.

begin delete

3 18(v)

end delete

19begin insert(u)end insert The Study on the Impact of Excavation Damage on Pipeline
20 Safety, submitted by the United States Department of
21Transportation to Congress on October 9, 2014, reported that other
22states have found that exemption of landscape maintenance
23activities of less than 12 inches deep, when performed with hand
24tools,begin delete doend deletebegin insert doesend insert not appear to have a significant impact on safety.
25The report cautions, however, that while those activity-based
26exemptions may be acceptable, they should be supported by
27sufficient data.

begin delete

16 28(w)

end delete

29begin insert(v)end insert Gas corporations have ready access to information about
30damages that occur on their subsurface installations and should
31collect relevant data to inform future discussions regarding the
32risk of notification exemptions.

begin delete

20 33(x)

end delete

34begin insert(w)end insert Other states have experienced a dramatic improvement in
35safety after implementing centralized administrative oversight of
36one-call laws.

begin delete

23 37(y)

end delete

38begin insert(x)end insert California should have an advisory committee, composed
39of excavation stakeholders, subject to oversight by the Legislature
40and the Department of Finance, to perform three major tasks, which
P9    1are to coordinate the diverse education and outreach efforts
2undertaken by state and local agencies, operators, and excavators
3throughout the state and issue grants for targeted efforts, to study
4excavation questions and develop standards that clarify best
5practices, and to investigate potential violations of the one-call
6law that inform both the standards it is to develop and potential
7enforcement actions. Due to the size of the state, and in order to
8reduce costs, the advisory committee should meet in northern and
9southern California.

begin delete

38 10(z)

end delete

11begin insert(y)end insert The advisory committee should not be funded through the
12General Fund, but should be funded through fines levied on gas
13and electric corporations for safety violations, instead of having
14those fines go to the General Fund.

begin delete
15

SEC. 2.  

Section 7110.7 is added to the Business and Professions
16Code
, to read:

17

7110.7.  

(a) The Contractors’ State License Board shall adopt
18a program to enforce violations by contractors of subdivision (a)
19of Section 4216.2 of the Government Code.

20(b) The Contractors’ State License Board shall require
21contractors to undergo a training program relating to compliance
22with subdivision (a) of Section 4216.2 of the Government Code,
23as determined by the board, for an initial violation. The training
24program shall be conducted by a regional notification center, as
25defined in Section 4216 of the Government Code, or by a training
26program approved by a regional notification center.

27(c) If the contractor does not submit evidence of completion of
28a training program within 30 days of being notified of the
29requirement to do so, or fails to provide a reasonable explanation
30for his or her delay in scheduling that training in writing, the
31contractor shall be subject to further disciplinary action.

32(d) A subsequent violation within one calendar year of the first
33violation, failure to attend training, or failure to pay fines ultimately
34may result in suspension of the contractor’s license.

35(e) The board shall determine a graduated scale of fines
36consistent with Section 7099.2.

end delete
37

begin deleteSEC. 3.end delete
38begin insertSEC. 2.end insert  

Section 4216 of the Government Code is amended to
39read:

40

4216.  

As used in this article the following definitions apply:

P10   1(a) “Abandoned subsurface installation” means a subsurface
2installation that is no longer in service and is physically
3disconnected from any active or inactive subsurface installation.

4(b) “Active subsurface installation” means a subsurface
5installation currently in use or currently carrying service.

6(c) “Advisory Committee” means the California Underground
7Facilities Safe Excavation Advisory Committee.

8(d) “Delineate” means to mark in white the location or path of
9the proposed excavation using the guidelines in Appendix B of
10the “Guidelines for Excavation Delineation” published in Best
11Practices Version 11.0 by the Common Ground Alliance. If there
12is a conflict between the marking practices in those guidelines and
13other provisions of this article, this article shall control.
14“Delineation” also includes physical identification of the area to
15be excavated using pink marking, if an excavator makes a
16determination that standard delineation may be misleading to those
17persons using affected streets and highways, or be misinterpreted
18as a traffic or pedestrian control, and the excavator has contacted
19the regional notification center to advise the operators that the
20excavator will physically identify the area to be excavated using
21pink markings.

22(e) “Electronic positive response” means an electronic response
23from an operator to the regional notification center providing the
24status of an operator’s statutorily required response to a ticket.

25(f) (1) “Emergency” means a sudden, unexpected occurrence,
26involving a clear and imminent danger, demanding immediate
27action to prevent or mitigate loss of, or damage to, life, health,
28property, or essential public services.

29(2) “Unexpected occurrence” includes, but is not limited to, a
30fire, flood, earthquake or other soil or geologic movement, riot,
31accident, damage to a subsurface installation requiring immediate
32repair, or sabotage.

33(g) (1) “Excavation” means any operation in which earth, rock,
34 pavement, or other material below the existing grade is moved,
35removed, or otherwise displaced by means of tools, equipment, or
36explosives in any of the following ways: grading, trenching,
37digging, ditching, drilling, augering, tunneling, scraping, cable or
38pipe plowing and driving, gouging, crushing, jack hammering,
39saw cutting, or any other way.

P11   1(2) For purposes of this article, “excavation” does not include
2any of the following:

3(A) Plowing, cultivating, planting, harvesting, or similar
4operations in connection with agricultural activities, unless the
5activity disturbs the soil to a depth of 16 inches or more.

6(B) Landscape maintenance activity that is performed with hand
7tools at a depth of more than 12 inches. Landscape maintenance
8activity includes all of the following:

9(i) Aeration, dethatching, and cutting of vegetation, including
10lawn edging.

11(ii) Installation or replacement of ground cover and plant life.

12(iii) Minor fixes to existing drainage and sprinkler systems.

13(C) Subparagraph (B) shall become inoperative on January 1,
142020.

15(3) The exclusion of the activities in paragraph (2) from the
16definition of “excavation” shall not be used to discourage a person
17planning to perform those activities from voluntarily notifying a
18regional notification center pursuant to Section 4216.2, and does
19not relieve an operator of a subsurface installation from the
20obligation to locate and field mark pursuant to Section 4216.3
21following the notification.begin insert The exclusion of activities in paragraph
22(2) does not relieve a person performing those activities from a
23duty of reasonable care to prevent damage to subsurface
24installations.end insert

25(h) Except as provided in Section 4216.8, “excavator” means
26any person, firm, contractor or subcontractor, owner, operator,
27utility, association, corporation, partnership, business trust, public
28agency, or other entitybegin delete thatend deletebegin insert that, with his, her, or its own employees
29or equipment,end insert
performs any excavation.

30(i) “Hand tool” means a piece of equipment used for excavating
31that uses human power and is not powered by any motor, engine,
32hydraulic, or pneumatic device.

33(j) “High priority subsurface installation” means high-pressure
34natural gas pipelines with normal operating pressures greater than
35415kPA gauge (60psig), petroleum pipelines, pressurized sewage
36pipelines, high-voltage electric supply lines, conductors, or cables
37that have a potential to ground of greater than or equal to 60kv, or
38hazardous materials pipelines that are potentially hazardous to
39workers or the public if damaged.

P12   1(k) “Inactive subsurface installation” means both of the
2following:

3(1) The portion of an underground subsurface installation that
4is not in use but is still connected to the subsurface installation, or
5to any other subsurface installation, that is in use or still carries
6service.

7(2) A new underground subsurface installation that has not been
8connected to any portion of an existing subsurface installation.

9(l) “Legal excavation start date and time” means at least two
10working days, not including the date of notification, or up to 14
11calendar days from the date of notification, if so specified by the
12excavator.

13(m) “Local agency” means a city, county, city and county,
14school district, or special district.

15(n) (1) “Locate and field mark” means to indicate the existence
16of any owned or maintained subsurface installations by using the
17guidelines in Appendix B of the “Guidelines for Operator Facility
18Field Delineation” published in Best Practices Version 11.0 by the
19Common Ground Alliance and in conformance with the uniform
20color code of the American Public Works Association. If there is
21a conflict between the marking practices in the guidelines and this
22article, this article shall control.

23(2) “Locate and field mark” does not require an indication of
24the depth.

25(o) “Near miss” means an event in which damage did not occur,
26but a clear potential for damage was identified.

27(p) “Operator” means any person, corporation, partnership,
28business trust, public agency, or other entity that owns, operates,
29or maintains a subsurface installation. For purposes of Section
304216.1, an “operator” does not include an owner of real property
31where subsurfacebegin delete facilitiesend deletebegin insert installationsend insert are exclusively located if
32they are used exclusively to furnish services on that property and
33the subsurface facilities are under the operation and control of that
34owner.

35(q) “Pavement” means a manmade surface material that cannot
36be removed with a conventional hand tool.

37(r) “Positive response” means the response from an operator
38directly to the excavator providing the status of an operator’s
39statutorily required response to a ticket.

P13   1(s) “Qualified person” means a person who completes a training
2program in accordance with the requirements of Section 1509 of
3Title 8 of the California Code of Regulations, Injury and Illness
4Prevention Program, that meets the minimum locators training
5guidelines and practices published in Best Practices Version 11.0
6by the Common Ground Alliance.

7(t) “Regional notification center” means a nonprofit association
8or other organization of operators of subsurface installations that
9provides advance warning of excavations or other work close to
10existing subsurface installations, for the purpose of protecting
11those installations from damage, removal, relocation, or repair.

12(u) “State agency” means every state agency, department,
13division, bureau, board, or commission.

14(v) “Subsurface installation” means any underground or
15submerged duct, pipeline, or structure, including, but not limited
16to, a conduit, duct, line, pipe, wire, or other structure, except
17nonpressurized sewerlines, nonpressurized storm drains, or other
18nonpressurized drain lines.

19(w) “Ticket” means an excavation location request issued a
20number by the regional notification center.

21(x) “Tolerance zone” means 24 inches on each side of the field
22marking placed by the operator in one of the following ways:

23(1) Twenty-four inches from each side of a single marking,
24assumed to be the centerline of the subsurface installation.

25(2) Twenty-four inches plus one-half the specified size on each
26side of a single marking with the size of installation specified.

27(3) Twenty-four inches from each outside marking that
28graphically shows the width of the outside surface of the subsurface
29installation on a horizontal plane.

30(y) “Working day” for the purposes of determining excavation
31start date and time means a weekday Monday through Friday, from
327:00 a.m. to 5:00 p.m., except for federal holidays and state
33holidays, as defined in Section 19853 of the Government Code.

34

begin deleteSEC. 4.end delete
35begin insertSEC. 3.end insert  

Section 4216.1 of the Government Code is amended
36to read:

37

4216.1.  

Every operator of a subsurface installation, except the
38Department of Transportation, shall become a member of,
39participate in, and share in the costs of, a regional notification
40center. Operators of subsurface installations who are members of,
P14   1participate in, and share in, the costs of a regional notification
2center, including, but not limited to, the Underground Service
3Alert--Northern California or the Underground Service
4Alert--Southern California are in compliance with this section
5and Section 4216.9.

6

begin deleteSEC. 5.end delete
7begin insertSEC. 4.end insert  

Section 4216.2 of the Government Code is amended
8to read:

9

4216.2.  

(a) Before notifying the appropriate regional
10notification center, an excavator planning to conduct an excavation
11shall delineate the area to be excavated. If the area is not delineated,
12an operator may, at the operator’s discretion, choose not to locate
13and field mark until the area to be excavated has been delineated.

14(b) Except in an emergency, an excavator planning to conduct
15an excavation shall notify the appropriate regional notification
16center of the excavator’s intent to excavate at least two working
17days, and not more than 14 calendar days, before beginning that
18excavation. The date of the notification shall not count as part of
19the two-working-day notice. If an excavator gives less notice than
20the legal excavation start date and time and the excavation is not
21an emergency, the regional notification center will take the
22information and provide a ticket, but an operator has until the legal
23excavation start date and time to respond.

24(c) When the excavation is proposed within 10 feet of a high
25priority subsurface installation, the operator of the high priority
26subsurface installation shall notify the excavator of the existence
27of the high priority subsurface installation prior to the legal
28excavation start date and time, and set up an onsite meeting at a
29mutually agreed upon time to determine actions or activities
30required to verify the location and prevent damage to the high
31priority subsurface installation. The excavator shall not begin
32excavating until after the completion of the onsite meeting.

33(d) Except in an emergency, every excavator covered by Section
344216.8 planning to conduct an excavation on private property that
35does not require an excavation permit may contact the appropriate
36regional notification center if the private property is known, or
37reasonably should be known, to contain a subsurface installation
38other than the underground facility owned or operated by the
39excavator. Before notifying the appropriate regional notification
40center, an excavator shall delineate the area to be excavated. Any
P15   1temporary marking placed at the planned excavation location shall
2be clearly seen, functional, and considerate to surface aesthetics
3and the local community. An excavator shall check if any local
4ordinances apply to the placement of temporary markings.

5(e) If an excavator gives less than the legal excavation start date
6and time and it is not an emergency, the regional notification center
7shall take the information and provide a ticket but an operator shall
8have until the legal excavation start date and time to respond.

9(f) The regional notification center shall provide a ticket to the
10person who contacts the center pursuant to this section and shall
11notify any member, if known, who has a subsurface installation
12in the area of the proposed excavation. A ticket shall be valid for
1328 days from the date of issuance. If work continues beyond 28
14days, the excavator shall update the ticket either by accessing the
15center’s Internet Web site or by calling “811” by the end of the
1628th day.

17(g) A record of all notifications by an excavator or operator to
18the regional notification center shall be maintained for a period of
19not less than three years. The record shall be available for
20inspection by the excavator and any member, or their
21representative, during normal working hours and according to
22guidelines for inspection as may be established by the regional
23notification centers.

24(h) Unless an emergency exists, an excavator shall not begin
25excavation until the excavator receives a positive response from
26all known subsurface installations within the delineated boundaries
27of the proposed area of excavation.

28(i) If a site requires special access, an excavator shall request
29an operator to contact the excavator regarding that special access
30or give special instructions on the location request.

31(j) If a ticket obtained by an excavator expires but work is
32ongoing, the excavator shall call into the regional notification
33center and get a new ticket and wait a minimum of two working
34days, not including the date of call in, before restarting excavation.
35All excavation shall cease during the waiting period.

begin delete

36(k) When the excavation is complete, the excavator shall
37eliminate or camouflage any temporary markings that remain for
3845 days or more, unless a local ordinance indicates otherwise.

end delete
P16   1

begin deleteSEC. 6.end delete
2begin insertSEC. 5.end insert  

Section 4216.3 of the Government Code is amended
3to read:

4

4216.3.  

(a) (1) (A)  Unless the excavator and operator
5mutually agree to a later start date and time, or otherwise agree to
6the sequence and timeframe in which the operator will locate and
7field mark, an operator shall do one of the following before the
8legal excavation start date and time:

9(i) Locate and field mark within the area delineated for
10excavation and, where multiple subsurface installations of the same
11type are known to exist together, mark the number of subsurface
12installations.

13(ii) To the extent and degree of accuracy that the information
14is available, provide information to an excavator where the
15operator’s active or inactive subsurface installations are located.

16(iii) Advise the excavator it operates no subsurface installations
17in the area delineated for excavation.

18(B) An operator shall mark newly installed subsurface
19installations in areas with continuing excavation activity.

20(C) An operator shall indicate with an “A” inside a circle the
21presence of any abandoned subsurface installations within the
22delineated area. The markings are to make an excavator aware that
23there are abandoned subsurface installations within that delineated
24work area.

25(2) Only a qualified person shall perform subsurface installation
26locating activities.

27(3) A qualified person performing subsurface installation
28 locating activities on behalf of an operator shall use a minimum
29of a single-frequency utility locating device and shall have access
30to alternative sources for verification, if necessary.

31(4) An operator shall amend, update, maintain, and preserve all
32plans and records for its subsurface installations as that information
33becomes known. If there is a change in ownership of a subsurface
34installation, the records shall be turned over to the new operator.
35Records on abandoned subsurface installations, to the extent that
36those records exist, shall be retained.

37(b) If the field marks are no longer reasonably visible, an
38excavator shall renotify the regional notification center with a
39request for remarks that can be for all or a portion of the
40excavation. Excavation shall cease in the area to be remarked. If
P17   1the area to be remarked is not the full extent of the original
2excavation, the excavator shall delineate the portion to be remarked.
3If the delineation markings are no longer reasonably visible, the
4excavator shall redelineate the area to be remarked. If remarks are
5requested, the operator shall have two working days, not including
6the date of request, to remark the subsurface installation.
7Excavation shall cease in the area where the remarks are requested.
8If the area to be remarked is not the full extent of the original
9excavation, the excavator shall delineate the portion to be remarked
10and provide a description of the area requested to be remarked on
11the ticket. The excavator shall provide a description for the area
12to be remarked that falls within the area of the original location
13request.

14(c) Every operator may supply an electronic positive response
15through the regional notification center before the legal excavation
16start date and time. The regional notification center shall make
17those responses available.

18(d) The excavator shall notify the appropriate regional
19notification center of the failure of an operator to identify
20subsurface installations pursuant to subparagraph (A) or (B) of
21paragraph (1) of subdivision (a), or subdivision (b). The notification
22shall include the ticket issued by the regional notification center.
23A record of all notifications received pursuant to this subdivision
24shall be maintained by the regional notification center for a period
25of not less than three years. The record shall be available for
26inspection pursuant to subdivision (h) of Section 4216.2.

27(e) If an operator or local agency knows that it has a subsurface
28installation embedded or partially embedded in the pavement that
29is not visible from the surface, the operator or local agency shall
30contact the excavator before pavement removal to communicate
31and determine a plan of action to protect that subsurface installation
32and excavator.

33

begin deleteSEC. 7.end delete
34begin insertSEC. 6.end insert  

Section 4216.4 of the Government Code is amended
35to read:

36

4216.4.  

(a) (1) Except as provided in paragraph (2), if an
37excavation is within the approximate location of a subsurface
38installation, the excavator shallbegin delete expose with hand tools to the depth
39of the excavationend delete
begin insert determine the exact location of the subsurface
40installationsend insert
within the tolerancebegin delete zone, including any applicable
P18   1clearance requirements, for the full length of the project.end delete
begin insert zone
2using hand tools before using any power-driven excavation or
3boring equipment within the approximate location of the subsurface
4installations. In all cases the excavator shall use reasonable care
5to prevent damaging subsurface installations.end insert

6(2) (A) An excavator may use a vacuum excavation device to
7expose subsurface installations within the tolerance zone if the
8operator has marked the subsurface installation, the excavator has
9contacted any operator whose subsurface installations may be in
10conflict with the excavation, and the operator has agreed to the
11use of a vacuum excavation device. An excavator shall inform the
12regional notification center of his or her intent to use a vacuum
13excavation device when obtaining a ticket.

14(B) An excavator may use power-operated or boring equipment
15for the removal of any existing pavement only if there is no known
16subsurface installation contained in the pavement.

17(b) If the exact location of the subsurface installation cannot be
18determined by hand excavating in accordance with subdivision
19(a), the excavator shall request the operator to provide additional
20information to the excavator, to the extent that information is
21available to the operator, to enable the excavator to determine the
22exact location of the installation. If the excavator has questions
23about the markings that an operator has placed, the excavator may
24contact the notification center to send a request to have the operator
25contact the excavator directly. The regional notification center
26shall provide the excavator with the contact telephone number of
27the subsurface installation operator.

28(c) An excavator discovering or causing damage to a subsurface
29installation, including all breaks, leaks, nicks, dents, gouges,
30grooves, or other damage to subsurface installation lines, conduits,
31coatings, or cathodic protection, shall immediately notify the
32subsurface installation operator. The excavator may contact the
33regional notification center to obtain the contact information of
34the subsurface installation operator. If high priority subsurface
35installations are damaged and the operator cannot be contacted
36immediately, the excavator shall call 911 emergency services.

37(d) Each excavator, operator, or locator shall communicate with
38each other and respect the appropriate safety requirements and
39ongoing activities of the other parties, if known, at an excavation
40 site.

P19   1

begin deleteSEC. 8.end delete
2begin insertSEC. 7.end insert  

Section 4216.5 of the Government Code is amended
3to read:

4

4216.5.  

The requirements of this article apply to state agencies
5and to local agencies that own or operate subsurface installations,
6except as otherwise provided in Section 4216.1. A local agency
7that is required to provide the services described in Section 4216.3
8may charge a fee in an amount sufficient to cover the cost of
9providing that service.

10

begin deleteSEC. 9.end delete
11begin insertSEC. 8.end insert  

Section 4216.6 of the Government Code is amended
12to read:

13

4216.6.  

(a) (1) Any operator or excavator who negligently
14violates this article is subject to a civil penalty in an amount not
15to exceed ten thousand dollars ($10,000).

16(2) Any operator or excavator who knowingly and willfully
17violates any of the provisions of this article is subject to a civil
18penalty in an amount not to exceed fifty thousand dollars ($50,000).

19(3) Except as otherwise specifically provided in this article, this
20section is not intended to affect any civil remedies otherwise
21provided by law for personal injury or for property damage,
22including any damage to subsurface installations, nor is this section
23intended to create any new civil remedies for those injuries or that
24 damage.

25(4) This article shall not be construed to limit any other provision
26of law granting governmental immunity to state or local agencies
27or to impose any liability or duty of care not otherwise imposed
28by law upon any state or local agency.

29(b) An action may be brought by the Attorney General, the
30district attorney, or the local or state agency that issued the permit
31to excavate, for the enforcement of the civil penalty pursuant to
32this section either in a civil action brought in the name of the people
33of the State of California. If penalties are collected as a result of
34a civil suit brought by a state or local agency for collection of those
35civil penalties, the penalties imposed shall be paid to the general
36fund of the agency. If more than one agency is involved in
37enforcement, the penalties imposed shall be apportioned among
38them by the court in a manner that will fairly offset the relative
39costs incurred by the state or local agencies, or both, in collecting
40these fees.

P20   1(c) The requirements of this article may also be enforced
2begin insert following a recommendation of the California Underground
3Facilities Safe Excavation Advisory Committee by a state or local
4agency, which may include the Attorney General or a district
5attorney, with jurisdiction over the activity or business undertaken
6in commission of the violation. The following agencies shall act
7to accept, amend, or reject the recommendations of the advisory
8committeeend insert
as follows:

9(1) Thebegin insert registrar of theend insert Contractors’ State License Board shall
10enforcebegin delete paragraph (1) of subdivision (a) of Section 4216.2 as
11specified in Section 7110.7end delete
begin insert the provisions of this article on
12contractors, as defined in Article 2 of Chapter 9 of Division 3end insert
of
13the Business and Professions Code.

14(2) The Public Utilities Commissionbegin delete may enforce subdivisions
15(a) and (b) of Section 4216.3 against operators of natural gas and
16electric underground infrastructure, unless those operators are
17municipal utilities.end delete
begin insert shall enforce the provisions of this article on
18gas corporations, as defined in Section 222 of the Public Utilities
19Code, and electrical corporations, as defined in Section 218 of the
20Public Utilities Code.end insert

21(3) The Office of the State Fire Marshal begin delete may enforce
22subdivisions (a) and (b) of Section 4216.3 against operators of
23 hazardous liquid pipelines, unless those operators are municipal
24utilities.end delete
begin insert shall enforce the provisions of this article on operators
25of hazardous liquid pipeline facilities, as defined in Section 60101
26of Chapter 601 of Subtitle VIII of Title 49 of the United States
27Code.end insert

28(d) Statewide information provided by operators and excavators
29regarding facility events shall be compiled and made available in
30an annual report by regional notification centers and posted on the
31Internet Web sites of the regional notification centers.

32(e) For purposes of subdivision (d), the following terms have
33the following meanings:

34(1) “Facility event” means the occurrence of excavator
35downtime, damages, near misses, and violations.

36(2) “Statewide information” means information submitted by
37operators and excavators using the California Regional Common
38Ground Alliance’s Virtual Private Damage Information Reporting
39Tool. Supplied data shall comply with the Damage Information
P21   1 Reporting Tool’s minimum essential information as listed in Best
2Practices Version 11.0 by the Common Ground Alliance.

3

begin deleteSEC. 10.end delete
4begin insertSEC. 9.end insert  

Section 4216.7 of the Government Code is amended
5to read:

6

4216.7.  

(a) If a subsurface installation is damaged by an
7excavator as a result of failing to comply with Section 4216.2 or
84216.4, or subdivision (b) of Section 4216.3, or as a result of failing
9to comply with the operator’s requests to protect the subsurface
10installation as specified by the operator before the start of
11excavation, the excavator shall be liable to the operator of the
12subsurface installation for resulting damages, costs, and expenses
13to the extent the damages, costs, and expenses were proximately
14caused by the excavator’s failure to comply.

15(b) If an operator has failed to become a member of, participate
16in, or share in the costs of, a regional notification center, that
17operator shall forfeit his or her claim for damages to his or her
18subsurface installation arising from an excavation against an
19excavator who has complied with this article to the extent damages
20were proximately caused by the operator’s failure to comply with
21this article.

22(c) If an operator of a subsurface installation has failed to
23comply with the provisions of Section 4216.3, including, but not
24limited to, the requirement to field mark the appropriate location
25of subsurface installations within two working days of notification,
26has failed to comply with paragraph (2) of subdivision (a) of
27Section 4216.2, or has failed to comply with subdivision (b) of
28Section 4216.4, the operator shall be liable to the excavator who
29has complied with Sections 4216.2 and 4216.4 for damages,
30including liquidated damages, liability, losses, costs, and expenses
31resulting from the operator’s failure to comply with these specified
32requirements to the extent the damages, costs, and expenses were
33proximately caused by the operator’s failure to comply.

34(d) An excavator who damages a subsurface installation due to
35an inaccurate field mark by an operator, or by a third party under
36contract to perform field marking for the operator, shall not be
37liable for damages, replacement costs, or other expenses arising
38from damages to the subsurface installation if the excavator
39complied with Sections 4216.2 and 4216.4.

P22   1This section is not intended to create any presumption or to affect
2the burden of proof in any action for personal injuries or property
3damage, other than damage to the subsurface installation, nor is
4this section intended to affect, create, or eliminate any remedy for
5personal injury or property damage, other than damage to the
6subsurface installation.

7(e) In any actions for reimbursement or indemnification for a
8claim arising from damage to a subsurface installation in which a
9court finds that the excavator complied with the requirements of
10this article, the excavator may be awarded reasonable attorney’s
11fees and expenses.

12(f) For the purposes of this section, “inaccurate field mark”
13means a mark, or set of markings, made pursuant to Section 4216.3,
14that did not correctly indicate the approximate location of a
15subsurface installation affected by an excavation and includes the
16actual physical location of a subsurface installation affected by an
17excavation that should have been marked pursuant to Section
184216.3 but was not.

19(g) Nothing in this section shall be construed to do any of the
20following:

21(1) Affect claims including, but not limited to, third-party claims
22brought against the excavator or operator by other parties for
23damages arising from the excavation.

24(2) Exempt the excavator or operator from his or her duty to
25mitigate any damages as required by common or other applicable
26law.

27(3) Exempt the excavator or operator from liability to each other
28or third parties based on equitable indemnity or comparative or
29contributory negligence.

30

begin deleteSEC. 11.end delete
31begin insertSEC. 10.end insert  

Section 4216.8 of the Government Code is amended
32to read:

33

4216.8.  

This article does not apply to either of the following
34persons:

35(a) An owner of residential real property, not engaged as a
36contractor or subcontractor licensed pursuant to Article 5
37(commencing with Section 7065) of Chapter 9 of Division 3 of
38the Business and Professions Code, who, as part of improving his
39or her principal residence or an appurtenance thereto, is performing
40or is having an excavation performed using hand tools that does
P23   1not require a permit issued by a state or local agency. A person
2described in this subdivision is not an “excavator” as defined in
3subdivision (h) of Section 4216, however this subdivision shall
4not discourage a person from voluntarily notifying a regional
5notification center pursuant to Section 4216.2, and does not relieve
6an operator of a subsurface facility from the obligation to locate
7and field mark pursuant to Section 4216.3 following the
8notification.begin insert This subdivision does not relieve a person performing
9excavation activities from a duty of reasonable care to prevent
10damage to subsurface installations.end insert

11(b) Any person or private entity that leases or rents power
12operated or power-driven excavating or boring equipment,
13regardless of whether an equipment operator is provided for that
14piece of equipment or not, to a contractor or subcontractor licensed
15pursuant to Article 5 (commencing with Section 7065) of Chapter
169 of Division 3 of the Business and Professions Code, if the signed
17rental agreement between the person or private entity and the
18contractor or subcontractor contains the following provision:
19


20“It is the sole responsibility of the lessee or renter to follow
21the requirements of the regional notification center law
22pursuant to Article 2 (commencing with Section 4216) of
23Chapter 3.1 of Division 5 of Title 1 of the Government Code.
24By signing this contract, the lessee or renter accepts all
25liabilities and responsibilities contained in the regional
26notification center law.”


28

begin deleteSEC. 12.end delete
29begin insertSEC. 11.end insert  

Section 4216.9 of the Government Code is amended
30to read:

31

4216.9.  

(a) A permit to excavate issued by any local agency,
32as defined in Section 4216, or any state agency, shall not be valid
33unless the applicant has been provided an initial ticket by a regional
34notification center pursuant to Section 4216.2. For purposes of
35this section, “state agency” means every state agency, department,
36division, bureau, board, or commission, including the Department
37of Transportation.

38(b) This article does not exempt any person or corporation from
39Sections 7951, 7952, and 7953 of the Public Utilities Code.

P24   1

begin deleteSEC. 13.end delete
2begin insertSEC. 12.end insert  

Section 4216.10 is added to the Government Code,
3to read:

4

4216.10.  

If the operator of a high-priority subsurface
5installation finds that the depth of the subsurface installation subject
6to agricultural activities described in subparagraph (A) of paragraph
7(2) of subdivision (g) of Section 4216 is insufficient to safely
8perform those activities, the operator of the high-priority subsurface
9installation shall send notification, by registered mail, to the
10landowner of the potential hazard and, within ___ days of that
11notification, shall access the site at a date agreed upon by the
12operator and the landowner to identify with permanent markers
13the location and depth of the high-priority subsurface installation.

14

begin deleteSEC. 14.end delete
15begin insertSEC. 13.end insert  

Section 4216.12 is added to the Government Code,
16to read:

17

4216.12.  

(a) The California Underground Facilities Safe
18Excavation Advisory Committee is hereby created under, and shall
19be assisted by the staff of, the Contractors’ State License Board
20in the Department of Consumer Affairs.

21(b) The advisory committee shall perform the following tasks:

22(1) Coordinate education and outreach activities that encourage
23safe excavation practices, as described in Section 4216.17.

24(2) Develop standards, as described in Section 4216.18.

25(3) Investigate possible violations of this article, as described
26in Section 4216.19.

begin insert

27(c) Notwithstanding any other law, the repeal of this section
28renders the advisory committee subject to review by the
29appropriate policy committees of the Legislature.

end insert
begin insert

30(d) This section shall remain in effect so long as, pursuant to
31subdivision (c) of Section 7000.5 of the Business and Professions
32Code, there is in the Department of Consumer Affairs a
33Contractors’ State License Board.

end insert
34

begin deleteSEC. 15.end delete
35begin insertSEC. 14.end insert  

Section 4216.13 is added to the Government Code,
36to read:

37

4216.13.  

(a) The advisory committee shall be composed of
38nine members, of whichbegin delete fiveend deletebegin insert fourend insert shall be appointed by the
39Governor,begin delete twoend deletebegin insert threeend insert shall be appointed by the Contractors’ State
40License Board, one shall be appointed by the Speaker of the
P25   1Assembly, and one shall be appointed by the Senate Committee
2on Rules.

3(b) Thebegin delete fiveend deletebegin insert fourend insert members appointed by the Governor shall be
4appointed, as follows:

5(1) Three members shall have knowledge and expertise in the
6operation of subsurface installations. Of those three members, one
7shall have knowledge and expertise in the operation of the
8subsurface installations of a municipal utility.begin insert At least one of the
9three members shall have knowledge and experience in the
10operation of high priority subsurface installations.end insert

11(2) One member shall have knowledge and expertise in
12subsurface installation location and marking and shall not be under
13the direct employment of an operator.

begin delete

14(3) One member shall have knowledge and expertise in operating
15a regional notification center.

end delete

16(c) Thebegin delete twoend deletebegin insert threeend insert members appointed by the Contractors’ State
17License Board shall have knowledge and experience in contract
18excavation for employers who are not operators of subsurface
19installations.begin insert Of the three members, one member shall be a general
20engineering contractor, one member shall be a general building
21contractor, and one member shall be a specialty contractor. For
22the purposes of this section, the terms “general engineering
23contractor,” “general building contractor,” and “specialty
24contractor” shall have the meanings given in Article 4
25(commencing with Section 7055) of Chapter 9 of Division 3 of the
26Business and Professions Code.end insert

27(d) The member appointed by the Speaker of the Assembly shall
28have knowledge and expertise in representing in safety matters
29the workers employed by contract excavators.

30(e) The member appointed by the Senate Committee on Rules
31shall have knowledge and expertise in managing the underground
32installations on one’s own property, and may be drawn from
33agricultural, commercial, or residential, or other, property sectors.

begin insert

34(f) The advisory committee may invite one director of operations
35of a regional notification center to be a nonvoting ex officio
36member of the advisory committee.

end insert
37

begin deleteSEC. 16.end delete
38begin insertSEC. 15.end insert  

Section 4216.14 is added to the Government Code,
39to read:

P26   1

4216.14.  

(a) The term of a member of the advisory committee
2is two years. Of the first members of the advisory committee, four
3members, determined by lot, shall serve for one year so that the
4terms of the members shall be staggered.

5(b) A member shall not be appointed for more than two
6consecutive full terms.

7(c) To the extent possible, the appointing power shall fill any
8vacancy in the membership of the advisory committee within 60
9days after the vacancy occurs.

10(d) Upon the recommendation of the advisory committee, the
11Governor may remove a member appointed by the Governor for
12incompetence or misconduct.

13(e) The advisory committee shall select a chairperson from
14among its members at the first meeting of each calendar year or
15when a vacancy in the chair exists.

16(f) Subject to subdivision (g), the manner in which the
17chairperson is selected and the chairperson’s term of office shall
18be determined by the advisory committee.

19(g) A member of the advisory committee shall not serve more
20than two consecutive years as the chairperson of the advisory
21committee.

22

begin deleteSEC. 17.end delete
23begin insertSEC. 16.end insert  

Section 4216.15 is added to the Government Code,
24to read:

25

4216.15.  

The advisory committee shall meet at least once every
26three months. The advisory committee shall hold meetings in
27Sacramento and Los Angeles, and in other locations in the state it
28deems necessary.

29

begin deleteSEC. 18.end delete
30begin insertSEC. 17.end insert  

Section 4216.16 is added to the Government Code,
31to read:

32

4216.16.  

The advisory committee may obtain funding for its
33operational expenses from:

34(a) The Safe Energy Infrastructure and Excavation Fund, created
35in Section 320.5 of the Public Utilities Code.

36(b) A federal or state grant.

37(c) A fee charged to members of the regional notification centers
38not to exceed the reasonable regulatory cost incident to enforcement
39of this article.

P27   1(d) A filing or administrative fee to hear a complaint pursuant
2to Section 4216.20.

3(e) Any other source.

4

begin deleteSEC. 19.end delete
5begin insertSEC. 18.end insert  

Section 4216.17 is added to the Government Code,
6to read:

7

4216.17.  

(a) In order to understand the needs for education
8and outreach, and to facilitate discussion on how to coordinate
9those efforts, the advisory committee shall annually convene a
10meeting with state and local government agencies, California
11operators, regional notification centers, and trade associations that
12fund outreach and education programs that encourage safe
13excavation practices.

14(b) The advisory committee shall use the annual meeting
15described in subdivision (a) to determine the areas in which
16additional education and outreach efforts should be targeted. The
17advisory committee shall grant the use of the moneys that may be
18apportioned to it by the Public Utilities Commission pursuant to
19paragraph (1) of subdivision (b) of Section 320.5 of the Public
20Utilities Code to fund public education and outreach programs
21designed to promote excavation safety aroundbegin delete underground
22facilitiesend delete
begin insert subsurface installationsend insert and target towards specific
23excavator groups.

24

begin deleteSEC. 20.end delete
25begin insertSEC. 19.end insert  

Section 4216.18 is added to the Government Code,
26to read:

27

4216.18.  

begin deleteOn or before December 31, 2016, the end deletebegin insertThe end insertadvisory
28committee shall develop a standard or set of standardsbegin delete that
29addresses the evidence necessaryend delete
begin insert relevant to safety practices in
30excavating around subsurface installations and procedures and
31guidance in encouraging those practices. The standard or set of
32standards are not intended to replace other relevant standards,
33including the best practices of the Common Ground Alliance, but
34are to inform areas currently without established standards. The
35standard or set of standards shall address all of the following:end insert

36begin insert(a)end insertbegin insertend insertbegin insertEvidence necessaryend insert for excavators and operators to
37demonstrate compliance with Sections 4216.2, 4216.3, and 4216.4.

begin insert

38(b) Guidance for recommended sanctions against excavators
39and operators for violations of the article designed to improve
40safety. Sanctions may include notification and information letters,
P28   1direction to attend relevant education, and financial penalties.
2The guidance shall state the circumstances under which the
3investigation and a recommendation for sanction shall be
4 transmitted to a state or local agency, which may include the
5Attorney General or a district attorney, for enforcement pursuant
6to subdivision (b) of Section 4216.20 and may allow for a decision
7not to transmit if the investigation was initiated by a complaint,
8the parties have settled the matter, and the advisory committee
9has determined that further enforcement is not necessary as a
10deterrent to maintain the integrity of subsurface installations and
11to protect the safety of excavators and the public.
12Recommendations for sanctions shall be graduated and shall
13consider all of the following:

end insert
begin insert

14(1) The type of violation and its gravity.

end insert
begin insert

15(2) The degree of culpability.

end insert
begin insert

16(3) The operator’s or excavator’s history of violations.

end insert
begin insert

17(4) The operator’s or excavator’s history of work conducted
18without violations.

end insert
begin insert

19(5) The efforts taken by the violator to prevent violation, and,
20once the violation occurred, the efforts taken to mitigate the safety
21consequences of the violation.

end insert
begin insert

22(c) What constitutes reasonable care, as required by paragraph
23(1) of subdivision (a) of Section 4216.4, in conducting deep
24excavations within the tolerance zone, considering the need to
25balance the protection of subsurface installations by the use of
26hand tools within the tolerance zone with the safety concerns of
27trench work.

end insert
begin insert

28(d) What constitutes reasonable care, as required by paragraph
29(1) of subdivision (a) of Section 4216.4, in grading activities on
30road shoulders and dirt roads which may include standards for
31potholing.

end insert
32

begin deleteSEC. 21.end delete
33begin insertSEC. 20.end insert  

Section 4216.19 is added to the Government Code,
34to read:

35

4216.19.  

(a) The advisory committee shall investigate possible
36violations of this article, including complaints from affected parties
37and members of the public.

38(b) In furthering the purposes of this article, the advisory
39committee may authorize staff to use compliance audits, including
40field audits, and investigations of incidents and near-misses.

P29   1(c) This section shall become operative on January 1, 2017.

2

begin deleteSEC. 22.end delete
3begin insertSEC. 21.end insert  

Section 4216.20 is added to the Government Code,
4to read:

5

4216.20.  

(a) Upon the completion of an investigation of a
6possible violation of this article, the advisory committee shall
7inform the following parties of the result of the investigation,
8including any findings of probable violation:

9(1) The party or parties whose activities were the subject of the
10investigation.

11(2) The complainant, if the investigation was initiated because
12of a complaint.

13(3) Any excavator or operator whose activities or subsurface
14installations were involved in the incident investigated.

15(b) If the advisory committee, upon the completion of an
16investigation, finds a probable violation of the article, the advisory
17committeebegin delete shallend deletebegin insert mayend insert transmit the investigation results and any
18recommended penalty to the state or local agency with jurisdiction
19over the activity or business undertaken in commission of the
20violation.

21

begin deleteSEC. 23.end delete
22begin insertSEC. 22.end insert  

Section 4216.21 is added to the Government Code,
23to read:

24

4216.21.  

(a) For an investigation that the advisory committee
25undertakes as a result of a complaint of a violation of Sections
264216.2, 4216.3, or 4216.4, the complainant shall not file an action
27in court for damages based on those violations until the
28investigation is complete, or for 120 days after the investigation
29begins, whichever comes first, during which time, applicable
30statutes of limitation shall be tolled.

31(b) If a complainant files an action in court against a person for
32damages based upon violations of Sections 4216.2, 4216.3, or
334216.4, after the completion of an advisory committee investigation
34in which the person was found not to have violated the article, the
35complainant shall also notify the advisory committee when the
36action is filed.

37(c) This section only applies to a claim for damages to a
38subsurface installation.

P30   1

begin deleteSEC. 24.end delete
2begin insertSEC. 23.end insert  

Section 4216.22 is added to the Government Code,
3to read:

4

4216.22.  

(a) Notwithstanding Section 10231.5, the advisory
5committee shall report to the Governor and the Legislature on or
6before February 1, 2017, and each year thereafter, on the activities
7of the advisory committee and any recommendations of the
8advisory committee.

9(b) A report to be submitted pursuant to subdivision (a) shall
10be submitted in compliance with Section 9795.

11

begin deleteSEC. 25.end delete
12begin insertSEC. 24.end insert  

Section 320.5 is added to the Public Utilities Code,
13to read:

14

320.5.  

(a) The Safe Energy Infrastructure and Excavation Fund
15is hereby established in the State Treasury. Moneys deposited into
16the fund shall be used to cover the administrative expenses of the
17California Underground Facilities Safe Excavation Advisory
18Committee, upon appropriation by the Legislature. Additionally,
19the moneys may be used as described in subdivision (b).

20(b) Up to five hundred thousand dollars ($500,000) of moneys
21in the fund that are in excess of the moneys necessary for the
22administrative expenses of the California Underground Facilities
23Safe Excavation Advisory Committee may, upon appropriation
24by the Legislature, be apportioned by the commission for the
25following purposes:

26(1) The California Underground Facilities Safe Excavation
27Advisory Committee, to fund public education and outreach
28programs designed to promote excavation safety around
29begin delete underground facilities end deletebegin insert subsurface installationsend insert and targeted toward
30specific excavator groups.

31(2) The commission, to further a workforce development
32program, which shall be consistent with its equal employment
33opportunity program, that recruits and trains safety staff to perform
34the highest quality gas and electric utility inspections, audits,
35accident investigations, and data tracking and analysis. Moneys
36used for training purposes may not be used to fulfill existing federal
37or state training requirements but, instead, shall only be used for
38training in addition to those requirements. The commission may
39only apportion moneys for this purpose upon commission approval
40of the workforce development program at a meeting of the
P31   1commission. No more than one hundred fifty thousand dollars
2($150,000) of the Safe Energy Infrastructure and Excavation Fund
3may be used for this purpose.

4(c) Any moneys not allocated pursuant to subdivisions (a) and
5(b) shall be deposited into the General Fund.

6

begin deleteSEC. 26.end delete
7begin insertSEC. 25.end insert  

Section 971 is added to the Public Utilities Code, to
8read:

9

971.  

(a) As a part of its damage prevention program carried
10out pursuant to Section 192.614 of Part 192 of Title 49 of the Code
11of Federal Regulations, each gas corporation shall collect data to
12inform its outreach activities. The data shall include all of the
13following:

14(1) Damages to underground commission-related pipeline
15facilities that occurred during the performance of landscaping
16activities. Each gas corporation shall note in its investigation of
17excavation damage incidents the approximate depth of the gas
18facility at the time of damage, the type of excavator involved,
19 which may include “homeowner,” “licensed contractor,” or
20“unlicensed contractor,” and whether the excavator had called the
21regional notification center before performing the excavation. This
22paragraph shall become inoperative on January 1, 2020.

23(2) All claims filed by the gas corporation against an excavator
24for damage to commission-regulated pipeline facilities.

25(3) Any other information that the commission shall require.

26(b) Each gas corporation shall annually report to the commission
27excavation damage data and analyses in a format of the
28commission’s choosing.

29(c) No later than February 1, 2019, the commission shall report
30to the Legislature an analysis of excavation damages to
31commission-regulated pipeline facilities. The report shall include
32analyses of the types of damages and other information described
33in subdivision (a).

34

begin deleteSEC. 27.end delete
35begin insertSEC. 26.end insert  

Section 1702.5 of the Public Utilities Code is amended
36to read:

37

1702.5.  

(a) The commission shall, in an existing or new
38proceeding, develop and implement a safety enforcement program
39applicable to gas corporations and electrical corporations that
40includes procedures for monitoring, data tracking and analysis,
P32   1and investigations, as well as issuance of citations by commission
2staff, under the direction of the executive director. The enforcement
3program shall be designed to improve gas and electrical system
4safety through the enforcement of applicable law, or order or rule
5of the commission related to safety using a variety of enforcement
6mechanisms, including the issuance of corrective actions, orders,
7and citations by designated commission staff, and recommendations
8for action made to the commission by designated commission staff.

9(1) When considering the issuance of citations and assessment
10of penalties, the commission staff shall take into account voluntary
11reporting of potential violations, voluntary removal or resolution
12efforts undertaken, the prior history of violations, the gravity of
13the violation, and the degree of culpability.

14(2) The procedures shall include, but are not limited to,
15providing notice of violation within a reasonable period of time
16after the discovery of the violation.

17(3) The commission shall adopt an administrative limit on the
18amount of monetary penalty that may be set by commission staff.

19(b) The commission shall develop and implement an appeals
20process to govern the issuance and appeal of citations or resolution
21of corrective action orders issued by the commission staff. The
22appeals process shall provide the respondent a reasonable period
23of time, upon receiving a citation, to file a notice of appeal, shall
24afford an opportunity for a hearing, and shall require the hearing
25officer to expeditiously provide a draft disposition.

26(c) The commission shall, within a reasonable time set by the
27commission, conclude a safety enforcement action with a finding
28of violation, a corrective action order, a citation, a determination
29of no violation, approval of the corrective actions undertaken by
30the gas corporation or electrical corporation, or other action. The
31commission may institute a formal proceeding regarding the alleged
32violation, potentially resulting in additional enforcement action,
33regardless of any enforcement action taken at the commission staff
34level.

35(d) The commission shall implement the safety enforcement
36program for gas safety by July 1, 2014, and implement the safety
37 enforcement program for electrical safety no later than January 1,
382015.

39(e) This section does not apply to an exempt wholesale
40generator, a qualifying small power producer, or qualifying
P33   1cogenerator, as defined in Section 796 of Title 16 of the United
2States Code and the regulations enacted pursuant thereto. Nothing
3in this section affects the commission’s authority pursuant to
4Section 761.3.

5(f) begin deleteMoneys end deletebegin insertNotwithstanding any other law, moneys end insertcollected
6as a result of the issuance of citations pursuant to this section shall
7be deposited in the Safe Energy Infrastructure and Excavation
8 Fund.

9

begin deleteSEC. 28.end delete
10begin insertSEC. 27.end insert  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



O

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